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PEOPLE v. GIUCA

58 A.D.3d 750 (2009)

871 N.Y.S.2d 709

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GIUCA, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

January 20, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly allowed the People to elicit evidence that the defendant possessed a .38-caliber handgun shortly before the decedent was shot, and properly refused to strike testimony suggesting that the gang to which the defendant belonged wanted its members to commit homicides. This evidence was relevant to show motive and intent (see People v Alvino,

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